The Veteran suffered additional right eye disability as a result of complications during the January 2011 cataract surgery, but no additional left eye disability was found. The claim is granted for the right eye disability and denied for the left eye disability.
The deciding factor: The VA examiner determined that the additional right eye disability was caused by carelessness or negligence on the part of VA during the January 2011 cataract surgery, specifically due to inadequate anesthesia leading to unexpected movement by the Veteran during critical moments in the procedure.
- Claimed conditions
- Right eye disability, Left eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2013
- Citation
- 1304038
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1304038.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for SMC under 38 U.S.C. § 1114(k) based on the loss of use of one eye having only light perception is dismissed as moot.
- Denied
The Board has denied the Veteran's claims for service connection for a right eye disability and TDIU prior to August 16, 2022. The claim for an increased rating for OSA was withdrawn.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, alcohol abuse, a liver disability, and hand and eye disabilities, as the evidence did not support a finding that these conditions were related to service or secondary to any service-connected condition.
- Denied
The Board denied the Veteran's claims for increased ratings for his left eye disability and residuals of prostate cancer, as the evidence did not support higher ratings under the applicable criteria.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.